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By
D.C. Witness Staff
- March 4, 2019
Court
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Daily Stories
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Homicides
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Suspects
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During a hearing March 4, a judge denied a defense attorney’s motion to separate two murder defendants.
Co-defendants Nyekemia Everett and Malik Hewitt are charged with first-degree murder while armed, among other offenses, for their alleged involvement in the shooting of 37-year-old Christopher Heard on the 2300 block of Ainger Place, SE in 2017. According to court documents, Everett, 33, and Hewitt, 38, allegedly planned to rob Heard, shooting him in the process.
With Feb. 24, 2020, being the earliest trial date for the case, Everett’s defense attorney, Laurence Socci motioned to separate the defendants because of the prolonged period before trial. He expressed concern that his client’s constitutional rights were not being considered.
“My client will be sitting in jail for an additional year,” Socci told the judge. “By my calculation, it’ll be well over 1000 days from the day of arrest to the day of trial in February 2020.”
Socci also said the expanded time would impact witness memories and may be of tactical advantage to the prosecution.
However, the prosecution refuted the complaint, saying a delay was acceptable in more serious cases, especially one involving first-degree murder.
D.C. Superior Court Judge Danya Dayson said the delay was mainly due to the court calendar and prior counsel requesting more time. She said there was no tactical advantage for the prosecution, since the prosecution’s witnesses would have the same memory disadvantages as the defense’s witnesses.
Furthermore, Judge Dayson said a delay was not a proper basis to separate the defendants.
According to court documents, surveillance footage captured two individuals exiting a black vehicle in a parking lot, with a third remaining in the driver’s seat. Heard approached the individuals, one of which appeared to be holding a firearm. The view of the shooting was obstructed on footage, however, smoke and a flash of light can be seen. A witness told police that Heard’s death was likely drug-related.
A status hearing is scheduled on March 27.